Chile — A court overturns a judgment on the license for Puerto Varas.

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The appeal against the revocation of Enjoy’s casino license in Puerto Varas was successful. Enjoy’s license was withdrawn by the Chilean Gaming Board (SJC) in March because it failed to complete its commitments to build the approved integral casino project within the legal timeframe. On February 2, 2022, SJC inspectors verified on the ground that the project had not yet been built and reported their findings to the resolution council, which then made its judgment.

However, as required by law, Enjoy filed an appeal with the Santiago Court of Appeals, requesting that the derogation of its authorization be revoked since it was “unjustified and unconstitutional.” The Court of Appeals ruled in favor of the plaintiff.

The resolution council, according to the brief filed by Enjoy’s lawyer Jorge Barrera, “has decided to ignore the confluence of facts that establish a non-culpable breach in respect to the development of the integral project” by the casino.

The casino tried everything it could to develop the project, according to Barrera, but “the illegal activity of the Municipal Works Directorate (DOM) of Puerto Varas” rendered it impossible.

Enjoy received the fifteen-year license in 2018, but has experienced numerous challenges in getting the project off the ground, including the failure to acquire planning authorization. Enjoy requested that the SJC annul up to US$12 million in guarantees for its Puerto Varas license in June 2021. The corporation stated that it had not relinquished the operating permit, but that it had encountered a series of unforeseen problems that prevented the casino from starting within the agreed-upon timeline.

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Nassima Azmzm

Nassima Azmzm

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